LIABILITY FOR RELIGIOUS EXTREMISM IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF TAJIKISTAN AND IN THE MODERN LAW OF FOREIGN STATES: A COMPARATIVE STUDY
Validzhon ABDUKHAMITOV, Umed MANSUROV, Hurshed NASIROV, Azizmat CHORSHANBIEV
Validzhon Abdukhamitov, Ph.D. (Law), Assistant Professor, Russian-Tajik (Slavic) University (Dushanbe, Republic of Tajikistan)
Umed Mansurov, Ph.D. (Law), Assistant Professor, Russian-Tajik (Slavic) University (Dushanbe, Republic of Tajikistan)
Hurshed Nasirov, D.Sc. (Law), Assistant Professor, Russian-Tajik (Slavic) University (Dushanbe, Republic of Tajikistan)
Azizmat Chorshanbiev, Ph.D. (Law), Assistant Professor, Russian-Tajik (Slavic) University (Dushanbe, Republic of Tajikistan)
This article analyzes both the provisions of criminal legislation of the Republic of Tajikistan and foreign criminal legislation in countering religious extremism. The authors analyze the criminal legal provisions that set forth liability for extremism and reveal the definitions and essence of the manifestations of extremism in its religious form. Recognition of the social danger of inciting racial and religious hatred has gradually prompted the legislators of several foreign states to introduce criminal liability for a whole set of extremist offenses. The authors carry out a comparative legal analysis of the regulations of Tajik legislation and foreign criminal legislation aimed at fighting extremism, as well as shed light on issues relating to liability for such corpus delicti as sedition, insult of a nation, republic, or constitution, discrimination, and the promulgation and use of insurgent and violent methods. They draw attention to the effectiveness of criminal legal policy in countering extremism. This research was carried out within the framework of a scientific study by the Department of Criminal Law of the Law Faculty of the Russian-Tajik (Slavic) University called “Countering Religious Extremism in the Republic of Tajikistan and the Russian Federation: Problems of Theory, Legislation, and Practice,” as well as within the framework of the activity of the Scientific-Research Center for Countering Extremism and Terrorism at the Law Faculty of the Russian-Tajik (Slavic) University. The study is aimed at developing a contemporary concept of religious extremism and formulating criminal and criminological foundations for countering this phenomenon. This study is one of the first attempts to carry out scientific research in the Republic of Tajikistan on the fight against religious extremism. In order to ensure the protection of citizen rights and freedoms, counter religious extremism, and fulfill its international obligations, the Republic of Tajikistan must pool the efforts of the scientific community, various law-enforcement agencies, and state structures, as well as hold republic-level and international scientific-practical conferences aimed at countering religious extremism. The value of this study lies in the set of proposals it offers for enhancing criminal and special criminological measures for countering religious extremism intended for Tajik legislators and judicial power structures, the Prosecutor General’s Office of Tajikistan, and other law-enforcement and regulatory authorities of Tajikistan vested with the power to counter extremism. The value of this study also lies in the fact that the theoretical conclusions, proposals, and recommendations given in the article can be used to carry out legislative reform and draw up regulatory legal acts aimed at ensuring state and national security.
Keywords: legislation, religion, extremism, terrorism, crime.